Research On The Legality Of Joint Punishment For Breach Of Trust In China

the joint punishment mechanism for breach of trust is a major theoretical innovation in the process of China’s economic and social development and an important attempt to strengthen the construction of social credit system.At the same time,it also plays a great role in punishing people who break their promises and urging them to keep their promises,which greatly promotes the construction of China’s social credit system.However,as joint punishment for breach of trust is a new way of social governance,it still has shortcomings in many aspects,among which the legitimacy of joint punishment for breach of trust is the most serious problem.Legitimacy is an important basis for the establishment of a social system and the recognition of all members of the society.Without the basis of legitimacy,the establishment of the system will be questioned by the public,and its legitimacy and rationality will be out of the question.And the implementation of the joint from the faithless punishment condition and faithless joint punishment the provisions of the memorandum of cooperation do,due to the broken joint punishment mechanism and sick joint disciplinary measures is based on the government’s policy to set,and under the direct drive of the government administrative power,therefore in China’s promise of joint disciplinecooperation memorandum faithless joint disciplinary measures mostly without the basis of the legal level,are applicable under the national policy to promote.At the same time,from the point of faithless joint discipline cooperation memorandum itself,the cooperation memorandum of faithless joint punishment by many units file itself is just a meeting,is essentially a similar nature of the administrative agreement file,its itself does not have relevant external force of law and authorization ability,nor legal system set up,so faithless joint punishment alone whether joint cooperation memo as the basis to establish credibility discipline mechanism can solve the faithless legitimacy in the form of joint retribution faced problem is worth thinking deeply.In addition to the problem of formal legitimacy,the joint punishment for breach of trust,as a destructive system,also has many problems in its substantive legitimacy.Joint disciplinary measures for breach of trust are the most important means for joint disciplinary measures for breach of trust to take effect on the outside world,and also the key to solve the problem of substantive legality of joint disciplinary measures for breach of trust.Through the analysis of the broken joint disciplinary measures and found broken joint disciplinary measures in setting due to too much focuses on the effect of implementation,and neglect of its own legitimacy construction,lead to broken jointdisciplinary measures to interoperate with existing system of administrative law and obviously violates the principle of the proportion stipulated in the administrative law and ban improper connection principle.In view of the problems in the form and substance of the joint punishment for breach of trust,the author proposes to speed up the credit legislation to confirm the joint punishment in the legal form.In order to ensure the further development and improvement of China’s joint punishment mechanism for breach of trust,we should strengthen the construction of the legal authorization system,ensure that the disciplinary measures have laws to follow,and the resolution of the disciplinary measures should follow the principle of proportion and due process.